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Difference between revisions of "Introduction to Human Rights (6:I)"
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Introduction to Human Rights (6:I) (view source)
Revision as of 21:04, 5 September 2023
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When faced with a human rights issue, the first step is to determine whether the provincial legislation, the BC Human Rights Code, RSBC 1996, c 210 (HRC or the “Code”), applies or whether the problem falls within federal jurisdiction under the Canadian Human Rights Act, RSC 1985, c H-6 (CHRA). | When faced with a human rights issue, the first step is to determine whether the provincial legislation, the BC Human Rights Code, RSBC 1996, c 210 (HRC or the “Code”), applies or whether the problem falls within federal jurisdiction under the Canadian Human Rights Act, RSC 1985, c H-6 (CHRA). | ||
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Section 92 of the Constitution Act, 1867 lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, as well as generally all matters of a merely local or private nature in the province. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal (BC HRT). Human rights violations that have taken place in BC will usually fall under the provincial legislation. In 2018, the limitation date under provincial jurisdiction was extended to one year from the previous six-month limitation period. | Section 92 of the Constitution Act, 1867 lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, as well as generally all matters of a merely local or private nature in the province. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal (BC HRT). Human rights violations that have taken place in BC will usually fall under the provincial legislation. In 2018, the limitation date under provincial jurisdiction was extended to one year from the previous six-month limitation period. | ||
In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy purposes underlying it. | In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy purposes underlying it. | ||
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